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Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)

.... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or com­pulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ......octrine has a connota­tion and should be clearly understood. Pleasure doctrine has been explained by the Privy Council in the case of Venkata Rao vs. Secy of State, AIR 1937 PC 31. After review of a number of decisions with refer­ence to section 96-B of the Government of India Act, 1919 and the Ru..

Category: Constitutional Law | Date: | Hits: 188

General Manager Jamuna Oil Com­pany Ltd. Vs. Golap Rahman & another, 1982, 11 CLC (AD)

....dinance shows that the Court itself either cannot compel the attendance of such member or extract his advice. For the reasons stated above, the appeal is dismissed with costs. Ed. ......tead of two members Tribunal." 13. These two cases were referred to in the last mentioned case where it was held that if the proceeding of a Labour Court started with the required number of members the subsequent absence of any member, or his ceasing to be a member or his incap..

Category: Labour and Industrial Law | Date: | Hits: 97

Md. Habibur Rahman & ors. Vs. Hasen Ali Mondal and others, 1982, 11 CLC (AD)

....atal so as to nullify the notification issued on February 4, 1980. The appeal is allowed. The order of the High Court Division is set aside and the Writ Petition dismissed. No costs. Ed. ......eting of the parishad called for the purpose in the prescribed manner, a resolution to the effect that he is liable to be so removed is passed by the votes of not less than two-third of the total number of members of the parishad and unless the resolution is approved by the prescribed Authorit..

Category: Employment/Service Law | Date: | Hits: 100

Md. Enayet Ali Vs. Munsif of First Court at Khulna & Election Tribunal and others, 1982, 11 CLC (AD)

....d ballot papers together with their counterfoils; (f)    the challenged ballot papers together with the challenged votes list, (g)   Marked copies of voters' list; and (h)   the counter foils of the issued ballot papers. ......ntesting candidates of their election agents or polling agents at the time fixed for the purpose   and shall declare to be elected the confessing candidate. In favour of whom the highest number of votes have been cast; and in the case of equal number of votes being recorded in favour o..

Category: Election Law | Date: | Hits: 121

Jamil Huq and 11 others Vs. Bangladesh and others, 1981, 10 CLC (AD)

....lication under Article 104 of the Constitution is rejected. The verbal prayer for stay of the execution of the sentences made by Mr. MH Khandker is refused. Ed. This Case is also Reported in: ...... the limits of the British North America Act. It certainly would not be sufficient to say that the exer­cise of a power might be oppressive, because that result might ensue from the abuse of a great number of powers indispensable to self-government, and obviously bestowed by the British North Ameri..

Category: Constitutional Law | Date: | Hits: 327

Al-Sayar Navigation Co. Vs. Delta International Traders Ltd. and ors., 1982, 11 CLC (AD)

....plaintiff is assessed at Tk. 7,36,040/- and the decree is passed accordingly. Civil Appeal No. 38 of 1981 is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: ...... a departure from that course, whether it was justified by the liberties given by the bill of lading." He quoted with approval the passage of Lord Esher in Leduc & Co. vs. Ward quoted above. A number of decisions were reviewed and the conclusion was: "It is not, as far as we are informed, ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 264

Nurjahan Begum, wife of Mahmudur Rahman Vs. Mahmudur Rahman Mullick , 1982, 11 CLC (AD)

....not be sustained. In the result the appeal is allowed, judgment and decree of the trial Court and those of the High Court Division are set aside and the suit is dismissed with costs. Ed. ......pendent of the plaintiff. She stated that as she pays income tax, she submits Income Tax Returns in her own name showing the income and expenditure. The defendant in support of her claim produced a number of documents. In the mutation case prayer of the defendant for correcting the records relati..

Category: Property Law | Date: | Hits: 448

Bengal Water Ways Ltd. and other Vs. Rahimuddin Ahmed and others, 1982, 11 CLC (AD)

....private limited Company more or less as a partnership. With these words I concur with the judgment delivered by my learned brother Masud, J. and dismiss the appeal with costs. Ed. ......rovided for two classes of shares and share-holders ‘A and ‘B’, the former carrying right to vote and the latter carrying no such right to vote. The said three brothers held equal number of 'A3 class shares i.e. 2200 shares whereas their mother Mrs. Zohura Khatun held 6400 &lsq..

Category: Business or Commercial Law | Date: | Hits: 110

James Finlay and Co. Ltd. Vs. Chairman, Second Labour Court, Dacca and another, 1981, 10 CLC (AD)

....tion 25 of the Act and Civil Appeal Nos. 46 and 47 of 1978 are "disposed of accordingly and will abide by the decisions of the Labour Court. There will be no order as to costs. Ed. ......t competent to maintain the applica­tion. It was, however, conceded that such a dispute would become an industrial dispute when such a dispute is taken up by the Trade Union of Workers or by a number of workers. But it was argued that such a dispute would become an industrial dispute only w..

Category: Labour and Industrial Law | Date: | Hits: 91

Lutfar Rahman Vs. State, 1973, 2 CLC (AD)

....tion and sentence passed against the appellant under section 420 of the Penal Code are set aside and he is discharged of the bail bond. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 102 ...... P.W. 3 Ekabbar Ali P.W. 4 Jabed Ali Beg, P.W. 5 Siddique Mondal, P.W. 6 Jobed Ali Biswas and P.W. 7 Alimuddin Mondal—all of whom stated in cross-examination that they took delivery of the required number of pipes and filters from the appellant Contractor and made over the save to one Sohrab Mistr..

Category: Criminal Law | Date: | Hits: 84

Sri Monmotha Nath Kuri Vs. Mvi Mohammad Mokhlesur Rahman and others, 1973, 2 CLC (AD)

.... raise the same in the execution proceedings. As the question of law raised is one of first impression we make no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 49. ......some evi­dence to afford the Court a reasonable basis for the ascertainment of the damages suffered. The value of the life lost, so far as the bene­ficiaries are concerned, does not depend upon the number of the beneficiaries but upon the earning capacity of the deceased. 34. Applying these pr..

Category: Others | Date: | Hits: 124

Chaudhury Muhammad Khan Vs. Sanaullah and others, 1973, 2 CLC (AD)

....the order dated 31st July, 1970, of the High Court granting bail to the respondent No. 1. He shall surrender to his bail bond forthwith. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 45 ......gh Court presum­ably in connection with a bail application he had moved earlier. The file was summoned by the High Court and it remained there till 14-2-1970. Thereafter some progress was made and a number of witnesses were examined when Arshed and Sardar, accused, filed a bail application in the H..

Category: Criminal Law | Date: | Hits: 96

Tripura Modern Bank Ltd. Pakis. Zone, Chittagong Vs. Khan Bahadur Khalilur Rahman, 1973, 2 CLC (AD)

....ment and decree of the High Court are set aside and these of the trial Court resto­red. There will, however, be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 34. ......ion did never vest in defen­dant No. 4 and remained with the defendant No. 1 as the entire sale was a collusive trans­action. In arriving at this finding the learned Judge took into consideration a number of facts and circumstances. It was found that the property was worth Rs. 15000/- when, it was..

Category: Banking Law | Date: | Hits: 230

Nazir Ahmad, Divisional Engineer, Telephones (Gulberg) Lahore Vs. Pakistan, 1973, 2 CLC (AD)

....e the impugned order was passed, and that he should be allowed all the benefits consequent thereon. There shall be no order as to costs. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 28 ...... to take their training regardless of fact whether they take it together or separately in different groups and posted to their jobs on different dates.  Their  seniority inter se will depend on the number of marks obtained by each in the final examination held on the completion of their trainingâ€..

Category: Employment/Service Law | Date: | Hits: 103

Major Syed Walayat Shah Vs. Muzaffar Khan, 1973, 2 CLC (AD)

....ourt. The appeal is accordingly, dismissed but having regard to the facts and circumstances of the case we make no order as to costs; Ed. This Case is also Reported in: 25 DLR (SC) (1973) 5. ......s or who is not a "displaced persons" within  the meaning of section 2(3) of the Displaced Persons (Compensation and Rehabilitation) Act, 1958 (XXVII of 1958) has since been fully discussed in a number of judgments of the High Court of West Pakistan, Lahore. We need mention here three of them.&..

Category: Property Law | Date: | Hits: 61

Director, Housing and Building Research Institute Vs. Darus-Salam Co-operative Housing Society Ltd. and others, 2002, 31 CLC (AD)

.... evicted, in writ jurisdiction which is not permitted. In the result the appeals are allowed. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 111. ......work of the unauthorised occupants from the approved land of HBRI given by PWD and Annexure-X being a letter issued by the Executive Engineer, PWD to the Deputy Police Commissioner to depute required number of police force to evict unauthorised occupants from 13 acres of land from the HBRI complex a..

Category: Property Law | Date: | Hits: 54

Bangabir Kader Siddiqui, Bir Uttam Vs. Government of Bangladesh, 2002, 31 CLC (AD)

.... officials visited the area after pronouncement of the election schedule and promised the establishment of pourashava and the amendment of the Atiya Forest Ordinance, 1992 apparently to induce the voters. Political adviser of the Prime Minister and members of the parliament belonging to the ruli...... to the influence of the ruling party people by-election could not be held peacefully which have been reported in national dailies on 15-11-1999. There were widespread violation, assault on a good number of voters some of whom received bullet injuries and the election was held in gross violation..

Category: Election Law | Date: | Hits: 158

BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)

....se appeals.   Accordingly, the same are dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 36.  ......h have succeeded in generating resources through income generating activities and expanding their charitable purposes will face irreparable damage and destruction to the detriment of the countless number of poor and disadvantaged persons including women and children who are beneficiaries of thei..

Category: Constitutional Law | Date: | Hits: 199

Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)

....   In view of the above, the petition is dismissed.   Ed.   This Case is also Reported in: 54 DLR (AD) (2002) 21.  ......and on appeal the same was sent on remand. Thereafter the suit was again decreed ex parte against which defendant preferred an appeal which was allowed on contest restoring the suit to its file and number vacating the ex parte decree. The Suit was again decreed against which an appeal was prefer..

Category: Employment/Service Law | Date: | Hits: 83

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

..... The Other Class Suit No. 82 of 1991 is restored to its file and number. The trial Court is directed to dispose of the suit expeditiously. There is no order as to costs. Ed. ......missed the said appeal on January 14, 1991. Thereafter plaintiff filed the suit seeking the relief as stated hereinbefore. In the Court of Senior Assistant Judge, Iswarganj, Mymensingh the suit was numbered Other Class Suit No.82 of 1991. The defendants, i.e. Respondent Nos. 1 and 2, entered app..

Category: Civil Law | Date: | Hits: 77